Criminal Defense Property Crimes Arson

A Gwinnett County Arson Attorney Will Help You Fight Charges

Arson is one of the most serious criminal offenses. These cases involve intentionally setting an explosion or fire that damages property, but proving intent can be difficult. An honest mistake or a building defect could be misconstrued as a crime, leading to an arrest when you have not actually committed a crime. Allegations of arson are serious, and it is vital that you secure the support of strong legal counsel in these cases. The right attorney could help you beat these charges and avoid a conviction. At Winters Law, LLC, a Gwinnett County arson attorney understands how high the stakes are in an arson case. Our firm is ready to thoroughly investigate the facts and determine the true cause of the fire in question. Reach out right away to discuss how we can help you fight these charges.

What Is Arson Under Georgia Law?

Arson is defined as the intentional setting of a fire or causing an explosion that results in property damage. Unlike some states, where arson only applies to burning someone else’s property, you can be charged with arson by setting fire to your own home or business. There are different degrees of arson offenses, each of which carries different maximum penalties.

State law always treats arson as a felony, but it can range in severity. There are a few factors that will ultimately determine how steep a sentence is handed down, including the criminal record of the accused and whether or not anyone was injured in the fire. There are also penalties for aiding or abetting arson, which means you could face a sentence for merely assisting someone with setting a fire. This can involve providing them with materials or transporting them to the location.

It is also worth noting that arson laws in Georgia cover damage caused by explosions, not just open flames. Because of the high risk to human life and property, the state aggressively pursues convictions in these cases.

Degrees of Arson in Georgia

Arson charges fall into one of three distinct categories, known as degrees. Having a clear understanding of each can be helpful to anyone accused of these charges, as it determines the maximum penalties following a conviction. All three offenses are considered felonies in Gwinnett County. A Gwinnett County arson attorney can review the allegations to ensure that the state does not overcharge you.

First-Degree Arson

First-degree arson, under O.C.G.A. § 16-7-60, is the most serious arson offense in Georgia. It applies when someone knowingly damages or destroys a dwelling, building, vehicle, aircraft, or watercraft by fire or explosion without the owner’s consent. The law also applies if the structure is owned by the person setting the fire or is jointly owned, or if another person has a legal interest in it. Importantly, this degree also covers acts that endanger human life.

A conviction for first-degree arson is a felony punishable by one to 20 years in prison. The presence of aggravating circumstances, such as injury to another person or involvement of multiple properties, can lead to more severe sentencing.

Second-Degree Arson

Second-degree arson, defined by O.C.G.A. § 16-7-61, involves knowingly causing damage by fire or explosion to property that does not fall under the categories protected in first-degree arson. This usually applies to personal property, storage facilities, or objects not attached to dwellings or places of business.

The key element is intent. To get a conviction, they must prove beyond a reasonable doubt that the fire was knowingly set with the intention to cause damage to the structure. These charges are serious, given that it is a felony punishable by one to 10 years in prison. If the fire endangers public safety or is connected to another felony, the prosecution may seek enhanced sentencing that can result in years behind bars.

Third-Degree Arson

Third-degree arson, under O.C.G.A. § 16-7-62, applies when someone damages their own property by fire or explosion with the intent to defraud another party, such as an insurance company. It also covers situations where someone helps another person commit arson with the same fraudulent intent.

This statute is particularly relevant in insurance fraud cases where the accused is alleged to have set fire to their home, car, or business to file a false insurance claim. Though the owner might assume they are legally entitled to destroy their own property, doing so with the intent to defraud makes it a felony under Georgia law. A conviction carries a potential sentence of one to five years in prison.

Why It’s Important to Work With a Gwinnett County Arson Lawyer

Arson is one of the most aggressively prosecuted offenses in Gwinnett County. A conviction — even for third-degree arson — can result in years of prison time, substantial fines, and a permanent felony record. Unlike many criminal cases that hinge on direct eyewitness testimony, arson cases are built largely on technical, forensic evidence. That makes them both complex and vulnerable to investigative error. To navigate this legal minefield, it is essential to have a skilled Gwinnett County arson lawyer on your side.

An experienced defense attorney understands both the legal framework and the science behind fire investigations. Your lawyer can challenge flawed or inconclusive forensic evidence, expose weaknesses in the prosecution’s theory, and present alternate explanations for how the fire started. In cases where intent is in question, which is common in arson trials, a strong legal defense can be the difference between conviction and acquittal.

Beyond the courtroom, your lawyer can work early in the process to suppress unlawfully obtained evidence, negotiate with prosecutors for reduced charges, and, when appropriate, pursue diversion programs that could keep a felony off your record. Georgia’s arson statutes are broad and unforgiving — don’t take chances with your freedom or future. If you’re under investigation or already charged, securing a Gwinnett County arson lawyer as early as possible is one of the most important decisions you can make.

Potential Defense Strategies in Arson Cases

Being accused of arson is a serious matter in Gwinnett County. Prosecutors take these cases extremely seriously, and convictions carry heavy penalties, including prison time and long-term felony records. However, a strong and well-prepared defense can significantly reduce your exposure or lead to dismissal altogether. Below are several legal strategies commonly used to defend against arson charges.

Lack of Intent

One of the foundational elements the prosecution must prove in an arson case is that the defendant acted knowingly and willfully in causing the fire or explosion. If the fire was accidental or if you lacked intent to cause damage, the charge may not be sustainable. For example, if you lit a fire for a lawful reason and it unintentionally spread or became uncontrollable, your attorney may argue that you lacked the specific intent required to commit arson. This defense is especially powerful in third-degree arson cases, where fraud or malice must be shown.

Lack of Evidence

Arson cases often rely on circumstantial and forensic evidence rather than eyewitness testimony. Fires typically destroy the very evidence investigators are trying to analyze, which means the conclusions drawn about the cause or origin of the fire can be speculative. If the evidence is thin, contradictory, or inconclusive, a Gwinnett County arson attorney may successfully argue that the state cannot meet its burden of proof beyond a reasonable doubt. Challenging the expertise or methodology of fire investigators can also be an effective tactic in undermining the prosecution’s case.

Constitutional Violations

Every criminal case must adhere to constitutional protections. If law enforcement conducted an illegal search of your property, seized evidence without a valid warrant, or violated your Miranda rights during questioning, your attorney may file a motion to suppress the evidence. When critical evidence is obtained unlawfully by the police, the case can collapse. Constitutional violations are powerful legal tools that can either weaken or eliminate the government’s case entirely.

Mistaken Identity

In some arson cases, the person who set the fire is not clearly identified. Fires typically occur in private or concealed locations, and witnesses are often unreliable or absent altogether. If someone mistakenly identifies you as the person near the scene, or if circumstantial evidence like vehicle ownership or proximity is being used to pin the act on you, your lawyer can attack the credibility and reliability of that identification. Surveillance footage, alibi witnesses, or electronic data (such as GPS or phone records) may help prove that you were not involved.

Lack of Opportunity

Proving that you had the opportunity to commit the arson is another integral part of the state’s case. If you were out of town, at work, or otherwise accounted for at the time of the fire, you may be able to establish a solid alibi. The defense can also point to time gaps between when the fire started and when you were allegedly nearby. If the state cannot connect you physically to the scene in a reliable timeframe, the case may be too weak to prosecute.

The Importance of Forensic Evidence in Arson Cases

In arson investigations, forensic evidence often plays a central role in determining whether a crime was even committed. Because fires can destroy key physical evidence, investigators rely on forensic science to establish how and where a fire started, whether accelerants were used, and whether the fire was likely intentional.

Experts can examine burn patterns, residue, heat sources, and debris to build a theory of origin. They may use tools like accelerant-detecting canines or laboratory tests to find traces of gasoline or other flammable substances. However, forensic fire analysis is not infallible. Misinterpreting evidence or relying on outdated methods can lead to false conclusions and wrongful accusations. A Gwinnett County arson attorney understands how to present these findings in a way that juries can understand.

This is why it’s essential for your defense attorney to thoroughly review and, when necessary, challenge the prosecution’s forensic findings. A skilled Gwinnett County arson lawyer may call on independent fire experts to dispute the state’s narrative, point out investigative flaws, or offer alternative explanations. In many cases, forensic testimony can make or break the prosecution’s argument, making it one of the most critical elements in an arson defense strategy.

Discuss Your Arson Charges With A Gwinnett County Arson Attorney From Winters Law, Llc

Facing arson charges can be overwhelming, regardless of how strong the state’s case might be. It is vital to remember that you are entitled to a vigorous defense, and the right Gwinnett County arson attorney may be able to help you beat these charges.

At Winters Law, LLC, we can guide you through the legal system and build the strongest possible defense strategy on your behalf. Reach out to our firm to discuss your defense options during a private consultation.  

Frequently Asked Questions 

What evidence will the state use?

In order to get a conviction in an arson case, the prosecutor must show that the defendant caused a fire or explosion that damaged property without a lawful purpose for doing so.

What are examples of defense strategies in arson cases?

Your Gwinnett County arson attorney could rely on one of many possible defense strategies in an arson case. Some of the most common approaches involve claiming a lack of intent, constitutional violations, and a lack of evidence.  

How important is forensic evidence in an arson case?

Forensic evidence is central to most arson cases. Prosecutors typically rely on expert testimony to establish the origin and cause of a fire.

Does arson include setting fire to your own property?

Yes. In Georgia, third-degree arson includes intentionally setting fire to your own property with the intent to defraud another person or entity.

What happens if the fire was an accident?

If a fire were purely accidental and there’s no evidence of intent, you may not be criminally liable. However, the state could still pursue charges if prosecutors believe the fire was intentionally set.